ITEM NO.1 COURT NO.4 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).15765/2023
(Arising out of impugned final judgment and order dated 04-10-2023
in MCRC No.31011/2023 passed by the High Court Of M.P At Indore)
BHERULAL Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.253567/2023-EXEMPTION FROM FILING
O.T.)

Date : 11-03-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Ms. Maheravish Rein, Adv.
Ms. Shamshravish Rein, Adv.
Mr. Aldanish Rein, AOR

For Respondent(s) Mr. V.V.V.M.B Pattabhiram, D.A.G.
Mr. Pashupathi Nath Razdan, AOR
Mr. Anurag Rawal, Adv.
Mr. Mirza Kayesh Begg, Adv.
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Argha Roy, Adv.
Ms. Ruby, Adv.
Ms. Ojaswini Gupta, Adv.

UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner seeks enlargement on regular bail in Crime No.84/2023 under Sections 376 and 506 of the Indian Penal Code, 1860, registered at Police Station Rajod, District Dhar, Madhya Pradesh. As per the allegations, the complainant, who is 22 years old married woman, was going to field around 8 p.m. on foot from her house. Her husband was watering the field at that time. The petitioner met the victim in the way and caught hold her. Thereafter, the petitioner allegedly committed rape upon her. The occurrence took place on 03.03.2023 at 8 p.m. The matter was reported to the police on 04.03.2023. The petitioner was arrested on 17.04.2023.

2. It is not in dispute that after filing of chargesheet, the trial has commenced and statement of the victim has already been recorded. In fact, four out of nine witnesses have since been examined.

3. We have heard learned counsel for the parties and perused the record.

4. Keeping in view the fact that at this stage there is no likelihood of influencing the witnesses and tampering with any of the evidence by the petitioner, coupled with the period already undergone by him in custody and the fact that the conclusion of trial is likely to take some more time, however, without expressing any opinion on the merits of the case, the petitioner is directed to be released on bail, subject to his furnishing bail bonds to the satisfaction of the Trial Court. The petitioner shall remain present before the Trial Court on each and every date of hearing.
He shall not make any direct and indirect attempt to tamper with the evidence and/or influence the witnesses who are yet to be examined.
5. The special leave petition is disposed of in the above terms.

6. All pending applications, also stand disposed of.

(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)